Defence Act, 2002 (Act No. 42 of 2002)
R 385
Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 43 : General Maintenance RulesSubpart 2 : Maintenance43.02.17 Reinstatement of certificate of airworthiness after accident or incident |
[Regulation 43.02.17 heading substituted by regulation 6(b) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
| (1) | When an aircraft has sustained damage to a Class 1 product such that the aircraft is no longer considered airworthy as defined by the appropriate airworthiness requirements, the certificate of airworthiness of such aircraft shall be invalid until the aircraft is restored to an airworthy condition as prescribed in Document SA-CATS 43. |
| (2) | An owner or operator of the aircraft referred to in subregulation (1) shall notify the Director in writing, within 48 hours of such damage, of the details necessary to determine the airworthiness status of the aircraft. |
| (3) | The Director shall, after receiving the notification referred to in subregulation (2), assess the airworthiness of the aircraft and may‒ |
| (a) | consider the damage sustained and if the aircraft is considered airworthy, permit the aircraft to resume flight; |
| (b) | prohibit the aircraft from resuming flight until it is restored to an airworthy condition as referred to in subregulation (1); or |
| (c) | subject to any conditions he or she may impose, permit the aircraft to fly, on a non-commercial operation, to an aerodrome where it will be restored to an airworthy condition. |
| (4) | In the event that the damage referred to in subregulation (1) occurs outside of the territory of the Republic the Director shall, when prescribing any conditions as prescribed in subregulation (3)(c), consider any limitations imposed by the State in whose territory the damage occurred. |
| (5) | Any repair to aircraft or aircraft component, which has been damaged after an accident or an incident, shall be carried out in accordance with the requirements as prescribed in Document SA-CATS 43. |
| (6) | Following the repair of an aircraft that has been involved in an accident as defined in paragraph (b) of the definition of "accident" in Part 1 or has sustained damage to a Class 1 product, the aircraft shall be inspected by an authorised officer, inspector or a person specifically authorised for the purpose in writing by the Director before it is released to service. |
| (7) | An owner or operator of an aircraft referred to in this regulation shall pay the applicable fee for inspection conducted in terms of subregulation (6) as prescribed in Part 187. |
[Regulation 43.02.17 heading substituted by regulation 6(b) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
